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Affirmative Defense

How to Access the “Affirmative Defense” Available in Ellerth and Faragher:


Train non-supervisory employees about the harassment policy, about the reporting guidelines, and to whom they can report concerns, annually.

Test the non-supervisory employees by having them list 5 people’s names they could report to if they have concerns about harassment, discrimination or retaliation.

Keep the tests in the employee’s handwriting on file for 2 years – this provides proof that the employee(s) knew to whom they could report concerns and/or what vehicles were available for reporting.

Review and revise anti-harassment and discrimination policies to ensure that they comply with State and Federal guidelines.

Distribute the anti-harassment and discrimination policies annually in the training sessions or by e-mail with read request verification. 

Train supervisors annually in how to respond to employee’s complaints.

Train Human Resources and EEO staff in how to conduct proper investigations.